HomeMy WebLinkAboutMinutes 042809 Approved May 26, 2009
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CITY COUNCIL
MINUTES
Tuesday, April 28, 2009
City Hall Council Chambers
6907 EI Camino Real, Atascadero, California
CLOSED SESSION 5 00 P M.
Mayor Beraud called the meeting to order at 5 00 p m
1 PUBLIC COMMENT— CLOSED SESSION - None
Mayor Beraud closed the Public Comment period.
Mayor Beraud adjourned the meeting to the Closed Session of the City Council
2. CALL TO ORDER
a. Conference with Labor Negotiators(Govt Code Sec 54957 6)
Agency designated representatives Wade McKinney, City Manager;
Jim Lewis, Assistant City Manager
Employee Organizations Service Employees International Union, Local
620, Atascadero Police Association, Mid-Management/Professional
Employees, Atascadero Firefighters Bargaining Unit, Non-Represented
Professional and Management Workers and Confidential Employees
3. ADJOURN
Mayor Bdraud adjourned the Closed Session of the City Council at 6:03 p.m. to
the regular meeting of the City Council.
Mayor Bdraud reconvened the City Council meeting at 6:03 p.m.
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CLOSED SESSION REPORT
am City Attorney Brian Pierik announced there were no reportable actions taken
REGULAR SESSION 6 03 P M
Mayor Beraud called the meeting to order at 6 03 p m and Mayor Pro Tem Fonzi led
the Pledge of Allegiance
ROLL CALL.
Present: Mayor Beraud, Mayor Pro Tem Fonzi, Council Members Clay, Kelley,
and O'Malley
Absent: None
Others Present: City Clerk / Assistant to the City Manager Marcia McClure Torgerson,
and Deputy City Clerk Susanne Anshen
Staff Present: City Manager Wade McKinney, Assistant City Manager Jim Lewis,
Community Development Director Warren Frace, Community Services
Director Brady Cherry, Administrative Services Director Rachelle
Rickard, Chief of Police Jim Mulhull, and City Attorney Brian Pierik
APPROVAL OF AGENDA.
MOTION By Council Member O'Malley and seconded by Mayor
Pro Tem Fonzi to approve the agenda.
Motion passed 5.0 by a roll-call vote.
A. CONSENT CALENDAR
1 City Council Meeting Draft Minutes — March 10, 2009
■ Recommendation. Council approve the City Council Meeting Draft
Minutes of March 10, 2009 [City Clerk]
2. City Council Special Meeting Draft Minutes — March 12, 2009
■ Recommendation. Council approve the City Council Special Meeting
Draft Minutes of March 12, 2009 [City Clerk]
3 Approval of City Council Strategic Planning Goals
■ Fiscal Impact: There is no fiscal impact to the approval of these strategic
planning goals and consent to the related action plans Funding for
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implementation of the action plans will be included in the proposed 2009-
2011 Budget which will be brought before the Council in June
Recommendation Council approve strategic planning goals and consent
to related action plans [City Manager]
4 Weed Refuse/Abatement Program
■ Fiscal Impact: The City recovers costs for administering this program
through the 150% administrative fee, which is placed on the San Luis
Obispo County Special Tax Assessment for the fiscal year 2009-2010 Tax
Roll
■ Recommendation. City Council adopt the draft Resolution, declaring
vegetative growth and/or refuse a public nuisance, commencing
proceedings for the abatement of said nuisances, and placing all
abatement fees on the San Luis Obispo County Special Tax Assessment
for the fiscal year 2009-2010 Tax Roll [Fire]
5 George C. Beatie Skate Park Lease Agreement with Kevin Campion DBA
Paradise Coalition
■ Fiscal Impact: The basic agreement is similar to the previous agreement
with Austin Miller and Mobley's The City will pay the premium for Mr
Campion's Liability Insurance, not to exceed $3,200 annually The rent will
be one dollar per year The City will take a percentage of class and skate
camp activity conducted at the Skate Park. Contractor will provide an
annual split of 40% of contracted classes revenue for the Skate and BMX
Camps held at the Skate Park. The amount of operating funds saved
annually, by the City not operating the Skate Park directly, is
approximately $10,300 in City staff time
■ Recommendation. Council approve the partnership and authorize the City
Manager to execute the Lease Agreement between the City of Atascadero
and Kevin Campion, DBA Paradise Coalition, allowing Mr Campion to
take over operation of the George Beatie Skate Park from Austin Miller,
DBA Mobley's Boardshop [Community Services]
6 City Inspection Services
■ Fiscal Impact: Funds used to pay for inspection services will be taken
from previously allocated Capital Improvement project funds and Public
Works Department Contract Services funds
■ Recommendation. Council authorize the City Manager to enter into
ongoing contracts for contract inspection services with firms on the
"Inspection Services Qualified Firm List." [Public Works]
7 San Andres Avenue Sidewalk Project Award City Bid No. 2009-005
■ Fiscal Impact: $93,158 48 of Community Development Block Grant funds
■ Recommendations. Council
1 Reject bids submitted by R W Scott Construction and G Sosa
Construction as non-responsive, and,
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2 Authorize the City Manager to execute a contract with Kirk
Construction in the amount of $93,158 48 for construction of the San
low Andres Avenue Sidewalk Project; and,
3 Authorize the Director of Public Works to file a Notice of Completion
with the County Recorder upon satisfactory completion of the project.
[Public Works]
MOTION By Council Member O'Malley and seconded by Mayor
Pro Tem Fonzi to approve the Consent Calendar
Motion passed 5.0 by a roll-call vote.
(Item A-4, Resolution #2009-022, Item A-5, Contract
#2009-004, and Item A-7, Contract#2009-005.)
UPDATES FROM THE CITY MANAGER
City Manager Wade McKinney
• Work on the North County Christian Thrift Store fire clean-up began today Staff
has been working with the tenants to relocate those businesses and revitalize the
property
• Council Member O'Malley, Kelley, City Clerk Marcia McClure Torgerson and City
Manager Wade McKinney attended the League of California Cities Conference in
Sacramento
Community Development Director Warren Frace
�.. • Announced a Tree Replanting Program The City is giving away 500-600 Valley
and Blue Oak trees The City has sent fliers to 1,000 properties where blue and
white oaks grow Anyone is encouraged to pick them up at City Hall
Assistant City Manager Jim Lewis
• The Office of Economic Development has launched an aggressive downtown
promotional campaign at a cost of $17,000 which features downtown business
owners The City has hired Steve Martin in a private capacity to put this program
together The program includes local radio station commercials with business
owner sound clips, print ads and television commercials on 14 channels, as well
as Internet radio spots The program also has posted information on FaceBook,
Twitter, MySpace and a great video on U-Tube
COMMUNITY FORUM
Katrin Colamarino spoke about the Friends of the Library's Expansion Campaign and
announced this Saturday from noon to 4 p m , 16 stores will be donating a portion of
their proceeds to the Library Expansion Campaign
Eric Greening spoke on the jittering fluorescent light in this meeting room that creates
problems for people with epilepsy
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Mike Brender remarked on an article on CalCoastNews com about efforts to locate an
Indian Gaming Casino in Atascadero, naming several local citizens He encouraged
citizens to stay on top of this issue
Joanne Main, Atascadero Chamber of Commerce, announced free business classes
offered at noon on Thursday May 7th and 21st at the Chamber office taught by Israel
Dominguez Bring your lunch
Steve Martin, Atascadero Main Street, stated they are moving into their new
headquarters on Monday and noted upcoming events including the success of the Main
Street's Internet Radio Station
Thomas McGee owns a restaurant and catering service, and urged the City Council to
examine why all but one caterer are excluded from the Pavilion for events
Mayor Beraud closed the Public Comment period.
Mayor Beraud asked that the flickering light be replaced, and City Manager Wade
McKinney stated staff will bring a memorandum back on the Pavilion catering issue
B PUBLIC HEARINGS None
C MANAGEMENT REPORTS
1 Budget Plan 2009-2011
■ Fiscal Impact: The budget that is adopted by Council in June will be the
fiscal model to carry the City through the next two-year cycle
■ Recommendations.
1 Council find it has become necessary to abolish positions of
employment and authorize the City Manager to proceed with
necessary staff layoffs
2 Council receive and file budget update [Administrative Services]
Administrative Services Director Rachelle Rickard gave the staff report Ms Rickard
and City Attorney Brian Pierik answered questions of the Council
PUBLIC COMMENT
Eric Greening stated the Legislature is just waiting for the election and then will make
readjustments to budget. He did not feel there is enough detail to determine the actual
deficit and impact within each department
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Len Colamarino thanked staff for their efforts on this report which has made clear the
seriousness of the situation and provides details of the problems and offers solutions
Lee Perkins stated it seems counter-productive to layoff valuable City staff when the
prospects of the City may improve in the next budget cycle due to the domino effect on
employees and their families She applauded the executive staff for taking a three
percent reduction in salaries and suggested reduced hours rather than layoffs as well as
a possible City sales tax increase
Bruce Corsaw, Local 620, pointed out some general information from the budget and
discussed the growth of staff over the last couple years He applauded the executive
staff for the three percent reduction and asked the City to be fair across the board
Scott Simons, Local 620 Union, stated their department maintains 150 miles of roads,
and cuts will impact the safety on these roads
Bruce Bevins stated he was pleased with the report but saddened by the need for
layoffs which will increase staff's workload He suggested the public chip in to maintain
the City's pride and appearance He expressed concern on reducing the public's
access to the broadcasting and webcasting of the City Council and Planning
Commission meetings, and expressed how important these records are to the citizens
Joanne Main, Atascadero Chamber of Commerce, commended staff for the job they
have done on this budget. The Chamber has anticipated a reduction in funding from
the City, but will continue to provide the necessary services to visitors and the
community
Tom Jameson, Local 620, asked that the layoffs be as equitable as possible
Ryan Smith, Local 620, stated although layoffs are hard for everyone to accept, but
because public works is looked at first for layoffs and 90 percent of customer service is
in the field, he urged the City to make layoffs fair across the board
Jim Patterson, 5t" District San Luis Obispo County Supervisor, spoke of the County's
declining revenues and shared what steps the County has done to meet their budget
shortfalls, such as minimize live-body layoffs, leave vacancies unfilled, retirement
incentives, union concessions, and he encouraged the City to work with their
employees
Tom Comar stated he believes there are other options to layoffs, which decrease the
amount of money circulating in our community He said sales tax is not the answer He
spoke of Paso Robles' 10-step layoff management program and suggested taking the
$600,000 from the reserves and investigate a sales tax increase for the City
David Broadwater spoke of the County and Paso Robles' pay cuts and the foregoing of
raises to solve some of the budget shortfall He stated the 10-step layoff prevention
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plan at the County works without laying off staff He commended the Executive
Management team for taking a three percent reduction
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Mike Brennler handed out a Salary Survey (Exhibit A) and stated Atascadero Executive
staff is paid higher than most cities He noted that Atascadero has an Assistant City
Manager, where some other cities do not have this position
Chuck Ward stated he was impressed in the way the reductions have been organized,
but concerned with legal costs and is surprised on the amount Atascadero spends on
legal services He suggested possibly using retired, volunteer lawyers in the City
Heather Moreno suggested a monthly action meeting for the Planning Commission and
another that would be training or non-action meetings She urged the Council not to
increase taxes
Mayor Beraud closed the Public Comment period.
City Manager Wade McKinney stated the City could not identify specific names of
employees to be laid off He stated the City has offered a variety of voluntary furloughs
and wage reductions which require negotiating with the employee groups The City
Manager stated it is not a good time to increase the City sales tax; however, the City
Council could seek an increase which would require an election by the citizens He
stated volunteers would be welcomed by the City and asked anyone interested to
contact the City The City Manager stated they have implemented a policy of not filling
vacancies and feels they are probably ahead of the County on these figures
The City Council held a lengthy discussion on the impact of these budget cuts on City
services, and Mr McKinney answered their questions
MOTION By Council Member O'Malley and seconded by Council
Member Clay to
1 Find it has become necessary to abolish positions
of employment and authorized the City Manager
to proceed with necessary staff layoffs.
2. Receive and file the budget update.
Motion passed 5.0 on a roll-call vote.
Mayor Beraud recessed the City Council meeting at 8.05 p.m.
Mayor Beraud reconvened the City Council meeting at 8.20 p.m.
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2. Ballot Measure for Elected Mayor and Discussion of Mayor and Council
am Member Compensation
■ Fiscal Impact: The cost to add a ballot measure to the November 2010
ballot is approximately $2,000 00
■ Recommendation. Council authorize the City Clerk to include in the
Resolutions for the General Municipal Election of November 2, 2010, the
placement of a ballot measure asking the voters if they desire to elect a
Mayor, and if so, do they want the Mayor to serve a 2 or 4-year term [City
Clerk]
City Clerk / Assistant to the City Manager Marcia McClure Torgerson gave the staff
report and answered questions of the City Council
PUBLIC COMMENT
Len Colamarino spoke in favor of an elected mayor, but feels the issues that would
follow if the citizens passed it needed to be addressed before this goes to the voters
Mike Latner, Cal Poly professor, spoke in favor of preference elections, which
guarantees majority rule and avoids run-off elections, and stated he favors more
responsibility for the position of the elected mayor He also favored a four-year elected
mayor and rank-order voting
Bruce Bevins agreed with Mr Latner's idea of electing the entire council and having the
one with the most votes become the Mayor
Joanne Main, Atascadero Chamber of Commerce, stated having an elected mayor of
the people provides a leader who represents the majority of the voters
Geraldine Brasher spoke in favor of a four-year term and identifying specific duties for
the Mayor prior to having an elected Mayor
Ron Walters stated the rotation process established some problems, and although he
favors an elected mayor, he is concerned for the problems that could be created He
also felt rank-order selection would not work either, and therefore, favors the City
Council members selecting the Mayor
Mike Brennler stated he cannot see the urgency to establishing an elected mayor He
also would like to have the duties of the elected mayor spelled out prior to electing a
mayor, and urged against increasing the Council pay at this budgetary crunch time
Chuck Ward said an elected mayor should be addressed as soon as possible, which
would incur the $35,000 rather than waiting until November 2010 at a cost of $2,000
He suggested the fee could come from reduction in legal fees to the City
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David Broadwater stated there is adequate time to review some of the questions asked
regarding the job description before we submit a ballot measure
Sandy Jack stated that having an elected Mayor brings a vision to the City, but creates
a difficult situation to get a majority vote when there are several candidates running He
agreed the duties need to be addressed and prefers a four-year position, to provide the
Mayor's position more time to accomplish goals
Mayor Beraud closed the Public Comment period.
The City Council held a discussion on the ballot measure implications Ms Torgerson
answered their questions
MOTION By Council Member O'Malley and seconded by Council
Member Clay to authorize the City Clerk to include in the
Resolutions for the General Municipal Election of
November 2, 2010, the placement of a ballot measure
asking the voters if they desire to elect a Mayor, and if
so, do they want the Mayor to serve a two- or four-year
term
Motion passed 3.2 on a roll-call vote. (Kelley and
Beraud opposed)
The City Council discussed the compensation of Council Members with no decision or
action taken
3 Renewal of Contract with AGP Video and Modifications to Existing
Internet Services
■ Fiscal Impact: Favorable negotiations regarding the new contract are
expected to produce an annual savings of $4,000 If the Council wishes to
reduce the budget further, implementation of staff's recommendation to
discontinue streaming and/or archiving could result in a savings of $9,000,
while discontinuing broadcasting of the Planning Commission meetings
could further result in an additional $12,650 annual savings
■ Recommendations. Council
1 Authorize the City Manager to enter into a contract with AGP Video of
Morro Bay to provide broadcasting and channel management services
for the City's cable channel, and,
2 Discontinue streaming and/or archiving meetings via the Internet; and,
3 Discontinue broadcasting of Planning Commission meetings [City
Manager]
Assistant City Manager Jim Lewis gave the staff report and answered questions of the
City Council
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PUBLIC COMMENT
am Nancy Castle, AGP Video, clarified the changes to the proposed contract and answered
questions of the City Council The DVDs of the meetings cost $20 and AGP provides
copies to the local libraries
Lee Perkins stated the Planning Commission and City Council meetings should be
taped
Len Colamarino stated although staff should be commended for raising the issue of
costs here, he would urge the Council to reject these costs-saving issues because the
publics' need for access to witness the decision-making process
David Broadwater strongly urged rejection of the staff recommendations and to continue
the video live-streaming, Internet access, and video and audio archiving of City Council
and Planning Commission meetings because the public needs access
Mike Brennler spoke against limiting access to video and audio broadcasting and
archiving of City meetings so the pubic had transparency of City decision-making
Bill Clayton, Chief Operations Officers of AVG Video, suggested citizens out of town can
only view the meetings over the Internet because television is local only
Tom Comar agreed the City should keep the Internet, live-streaming and archiving
which provides transparency in the government process and provides citizens with the
widest possible access resulting in integrity by the decision-makers
Mike Latner stated although there is no question on staffs' intentions to cut costs, when
public access is reduced, we defer the cost of collecting the information to the citizens
Jim Patterson, 5th District County Supervisor, stated it is important to provide the public
every opportunity to view what their local government is doing during a time of crisis
such as this fiscal crisis we are now facing Providing access encourages public
participation in government.
Sandy Jack stated although the transparency experience in the last few years has been
a huge benefit to the City Council, we should view the savings over the next few years
to fully evaluate the benefits, or make limitations on a short-term basis He suggested
the Planning Commission meet only once a month while the economy is slow
Mayor Beraud closed the Public Comment period.
The City Council held a discussion on alternatives City Manager Wade McKinney and
Assistant City Manager Jim Lewis answered their questions
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MOTION By Council Member O'Malley and seconded by Council
Member Kelley to direct staff to prepare a cost
am breakdown on an in-house system and other options on
savings while keeping service levels intact and provide
statistics on the number of hits on the Internet and live-
streaming video
Motion passed 5.0 on a roll-call vote.
COUNCIL ANNOUNCEMENTS AND REPORTS
Mayor Beraud reported attending the Friends of the Library feasibility study session and
provided a copy of the study to the City Council
D COMMITTEE REPORTS
Mayor Beraud
The Mayor's Round Table will be held in Atascadero at the Community Center on May
8th The City Finance Committee is ongoing
Council Member Clay
Council Member Clay attended the School Board budget meeting, the district budget is
also experiencing difficulties, and he reported the pool needs repairs, the bus barn is
being moved, and the old location will become a parking lot.
Council Member Kelley
Council Member Kelley attended the Youth Task Force meeting They are still planning
the Bonanza Day with the Parks and Recreation Department in June at the Community
Center
E. INDIVIDUAL DETERMINATION AND/ OR ACTION None
F ADJOURNMENT 10 35 P M.
MINUTES PREPARED BY
Susanne Anshen, Deputy City Clerk
The following exhibits are available for review in the City Clerk's office
Exhibit A—Salary Survey—City Manager (from Mike Brennler)
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